Recent Blog Posts
Texas Pharmacist Sentenced for Workers’ Comp Healthcare Fraud
A Plano, TX pharmacist was recently sentenced to 17 years and six months in prison and ordered to pay $115 million in restitution for committing healthcare fraud against the Department of Labor (DOL). According to evidence submitted at trial, the pharmacist was submitting fraudulent claims for prescription compounded creams for those injured in Texas workers’ compensation accidents.
The pharmacist, along with others he brought into the scheme, conspired to pay doctors to prescribe medically unnecessary compound creams for injured federal workers. The doctors were paid millions in illegal bribes and kickbacks for prescribing these creams, which were being mixed in the back rooms of three pharmacies by untrained teens. The actual cost of the creams was approximately $15 per prescription, but the DOL was charged as much as $16,000 per prescription.
What if a Federal Prosecutor Offers You Immunity?
Immunity is a powerful tool that is often wielded by federal prosecutors, particularly for white-collar crimes. While an offer of immunity can feel like a lifeline, allowing you to largely escape penalties for a white-collar crime, it is not an ironclad guarantee. If you do not have a full understanding of an offer of immunity, you could find yourself with a deal you did not expect.
It is virtually never a good idea to attempt to negotiate an offer of immunity on your own without a knowledgeable federal defense attorney. You could inadvertently reveal information that could negate the deal and harm your original case. Immunity agreements can benefit significantly from having an experienced Dallas, TX federal defense lawyer.
How Does Federal Immunity Work?
Immunity is an agreement reached between a federal prosecutor and your attorney after you have been accused of a crime. The prosecutor agrees not to prosecute you for specific offenses in return for testimony or information against another person or persons who have committed a crime. The federal government is typically focused on targeting the "bigger fish," so if your crime is lower-level but you can help the government apprehend a higher-level criminal, you may be offered some level of immunity.
Common Defenses Against a Bank Fraud Charge
Bank fraud is a serious federal crime. It can entail a list of illegal activities, including fraudulent transactions, money laundering, and the use of fake identities and documents. Having a legal representative who is well-versed in the federal laws that govern these cases and the legal arguments that can fight the charges is crucial to a strong defense. Consider some common examples of how our Dallas, TX bank fraud attorneys may be able to help you challenge bank fraud charges.
Lack of Intent To Defraud
A key element of bank fraud cases is intent, and federal law requires proof that the defendant intended to defraud. Ultimately, they must prove that you intended to commit bank fraud, whether you were successful or not. The burden of proof in these cases is beyond a reasonable doubt.
The Statute of Limitations in Fraud Cases
Many crimes in the United States come with a statute of limitations. This is essentially a time limit for prosecutors to pursue a case against you, and once the statute of limitations expires, you cannot be charged with a crime. If you have been accused of a criminal fraud offense from years ago, you might be protected by the statute of limitations.
At Spencer & Associates, our white collar crime attorneys have handled many complex and high-profile fraud cases, including numerous federal cases. When you work with our firm, we will explore all possible avenues in your defense against a fraud charge.
General Fraud Charges
In most cases, the criminal statute of limitations for a fraud charge in Texas is seven years. Some of these charges include:
- Identity theft
Why Bankruptcy Fraud Charges Are Widespread
It is very easy to carry out bankruptcy fraud without truly intending to. Making an inaccurate statement on your bankruptcy filing can be enough to get you charged with fraud, even if you did not realize the information you provided was inaccurate. Bankruptcy law also creates an unusual set of circumstances where you could be charged with bankruptcy fraud for something you did before you even decided to file for bankruptcy. People can be accused of bankruptcy fraud just for making a luxury purpose a month before filing. However, being accused of fraud does not mean that you will be convicted of a crime. There is a lot a Dallas, TX white collar crimes lawyer can do to help you. A simple mistake can easily appear to have fraudulent intent in bankruptcy. An attorney can often help to show that you were acting in good faith and have not committed a crime.
Providing Inaccurate Information Does Not Mean You Lied
When you are filing for bankruptcy, you will need to make a lot of detailed financial disclosures. You will be asked to disclose what assets you own, whether you have made any luxury purchases recently, and what income you have. However, not everyone keeps close track of their finances. It is easy to forget about a short-term job you had or an asset you have not used or thought about in a long time, especially if you are working multiple jobs or are busy with family responsibilities. Mistakes are even more likely to happen if you and your spouse are filing together, as there is an added risk of miscommunication when you are preparing your documents. This can make it appear that you were trying to conceal an asset, which is regarded as bankruptcy fraud when it is done intentionally.
Understanding Wire Fraud Charges
Wire fraud charges are part of many federal white-collar criminal cases. When the criminal case is mainly about a crime like embezzlement or credit card fraud, defendants do not always understand why they have been charged with this particular offense. This is likely because the definition of wire fraud has changed greatly over the past several decades. Before the internet, wire fraud involved wire money transfers or other wired communication. If the offense were created today, it would likely have been called something closer to "fraud by electronic communication." Wire fraud today simply means using any means of electronic communication, such as text messages, social media posts, or e-mails to defraud others. If you are facing wire fraud charges, you need an experienced Dallas, TX federal white-collar crimes attorney to help you.
Fraud Targeting The Elderly Carries Harsher Sentencing
The elderly are a frequently targeted group. Older adults often have a more difficult time spotting a scam being run online or identifying a badly unfair contract. Seniors also tend to struggle with social isolation, making them more vulnerable to manipulation by anyone posing as a friend or love interest. Financial fraud against the elderly can take many forms, from very simple fake product schemes to more complicated business schemes designed to trick the elderly into long-term contracts that will offer them no benefit. The federal criminal justice system classifies senior citizens as vulnerable victims, meaning that sentencing enhancements apply when a person is convicted of a federal white-collar crime against them. You need an aggressive Dallas, TX financial crimes attorney if you are facing charges involving elderly victims or other vulnerable victims.
How Do Courts Decide Whether The Elderly Were Being Targeted?
For the vulnerable victim sentencing enhancements to apply, you must have targeted the elderly intentionally or known that the elderly would be the most likely victims of your scheme. If you did not target the elderly, and it simply happened by coincidence that a large number of people who fell prey to your financial offenses were elderly, the sentencing enhancements should not apply.
Is Using a Family Member's Credit Card Without Permission Fraud?
Using another person’s credit card without his or her consent can be treated as credit card fraud. Even if the person whose credit card you used without consent is a family member, you can still be charged with a federal crime. While unauthorized borrowing of a relative’s credit card might seem more like a family issue than a legal one, these types of prosecutions are not uncommon in federal courts. Often, these cases escape the notice of law enforcement because family members may hesitate to report each other unless it is absolutely necessary. However, you could be prosecuted for credit card fraud if law enforcement does become aware that you used a relative’s credit card without consent. You will need the help of an aggressive Dallas, TX credit card fraud attorney to fight back against these charges.
Charity Fraud Charges After the Holidays
The winter holiday season is often called the "season of giving." Individuals and corporations alike are most likely to make charitable donations during the month of decision. Not only is it the holidays, but it is also the end of the year, causing people and businesses hoping to get their tax write-offs to make last-minute donations. With the amount of people who donate and the number of organizations that aggressively seek donations during this time of year, it should be unsurprising that those seeking to profit from charity fraud are also very active during December. These white-collar fraud schemes can translate to a lot of arrests and federal charges in January. If you have been accused of charity fraud, you need a highly experienced federal white-collar crimes attorney to help you.
Failed Charitable Ventures Can Look Like Fraud
Say you have an idea to hold a fundraising event to benefit a local charity you are fond of. You book a venue and start selling tickets. A few people donate without buying a ticket. You reach out to the charity, and it allows you to advertise your fundraiser using its name. Unfortunately, you do not sell nearly as many tickets as you expected to, and the event would now cost money, so you cancel. You already spent the funds you brought in planning the event. You now have a handful of angry donors demanding to know where their money went since none ultimately went to the charity.
Under Federal Investigation? You May Need an "Arrest Will"
If you know that you are under federal investigation for a white-collar crime like embezzlement or tax fraud, arrest is likely imminent. Unless everything the federal investigators find shows that you must be innocent, you should anticipate an arrest in the coming weeks or months. You will probably not be warned in advance that an arrest is coming - the federal police prefer to take suspects by surprise so they do not have a chance to flee the state or worse, fight back. Unfortunately, this means that you could be abruptly plucked from your life. While it is normal and very reasonable to mostly be worried about what being in jail will be like, it is wise to also consider what will be happening at home. If you fear that you will be arrested in the near future, a Dallas, TX white-collar crimes defense attorney can help you prepare to address any coming charges.
What is an "Arrest Will" and What Should it Contain?
Simply put, an arrest will is a set of instructions and documents that enables people close to you to manage your personal affairs while you are in jail. When you are arrested by federal law enforcement, you may be gone for days or weeks before you are released on bail. Think about the tasks that need to be completed in your personal life and what would happen if you were suddenly not there to carry out those tasks. An arrest will helps you plan for someone you trust to carry out certain tasks on your behalf while you are working on getting out of jail. Some of the things an arrest will should contain include: